Conraad L. Hoever v. H. Andrews , 622 F. App'x 888 ( 2015 )

Case: 15-11110 Date Filed: 11/16/2015 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-11110
Non-Argument Calendar
________________________
D.C. Docket No. 4:14-cv-00274-MW-CAS
CONRAAD L. HOEVER,
Plaintiff-Appellant,
versus
H. ANDREWS,
Colonel Chief of Security,
C. CHASON,
Assistant Warden of Operations,
P. GRICE,
Classification Supervisor,
E. HOWARD,
Correctional Supervisor,
FLORIDA DEPARTMENT OF CORRECTIONS,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Florida
________________________
(November 16, 2015)
Case: 15-11110 Date Filed: 11/16/2015 Page: 2 of 3
Before JORDAN, JILL PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Conraad Hoever, a Florida prisoner proceeding pro se, appeals the dismissal
of his third amended complaint, filed pursuant to 42 U.S.C. § 1983, for failure to
state a claim upon which relief could be granted. On appeal, Hoever argues that
the third amended complaint alleges facts sufficient to state a claim for retaliation
under the First Amendment. After review,1 we affirm.
The third amended complaint does not name E. Howard as a defendant and
does not include any allegations of fact relating to Howard. Hoever has therefore
abandoned any claim against Howard in this action. C.f. Dresdner Bank AG v.
M/V OLYMPIA VOYAGER, 463 F.3d 1210, 1215 (11th Cir. 2006) (quotation
omitted) (“An amended pleading supersedes the former pleading; the original
pleading is abandoned by the amendment, and is no longer a part of the pleader's
averments against his adversary.”).
As to the remaining three defendants, to state a First Amendment retaliation
claim under 42 U.S.C. § 1983, the third amended complaint must adequately
allege: (1) that Hoever’s speech or act was constitutionally protected; (2) that the
defendants’ retaliatory conduct adversely affected the protected speech; and (3)
1
We review de novo a sua sponte dismissal for failure to state a claim under 28 U.S.C.
§ 1915(e)(2)(B)(ii). Dimanche v. Brown, 783 F.3d 1204, 1214 (11th Cir. 2015).
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Case: 15-11110 Date Filed: 11/16/2015 Page: 3 of 3
that there is a causal connection between the retaliatory actions and the adverse
effect on the speech. See Douglas v. Yates, 535 F.3d 1316, 1321 (11th Cir. 2008).
The third amended complaint fails to allege facts to support Hoever’s conclusion
that his transfer to a different prison adversely affected his protected speech and
that the defendants were subjectively motivated to transfer Hoever because he
complained of the conditions of his confinement. See Smith v. Mosley, 532 F.3d
1270, 1278 (11th Cir. 2008) (“The causal connection inquiry asks whether the
defendants were subjectively motivated to discipline because [the prisoner]
complained of some of the conditions of his confinement.”). Absent non-
conclusory allegations supporting two of the three elements of a retaliation claim,
the third amended complaint fails to state a claim on which relief may be granted.
AFFIRMED.
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